Terms And Conditions

Summary

Article 1 – Definitions
Article 2 – Identity of the owner
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and warranty
Article 13 - Delivery and execution
Article 14 - Continuing performance transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different terms
Article 19 – Changes to the general terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period during which the consumer can exercise their right of withdrawal; read all about the reflection period

Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option not to proceed with the distance agreement within the cooling-off period;

Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Consumers can use this form to withdraw from a contract, but they are not obliged to do so.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;

Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the owner

Amazighrose Maasstraat 559

1823xt Alkmaar Netherlands

T (065) 361-0327 E info@amazighrose.com Chamber of Commerce (KVK) 91108055 VAT number NL004866069B79

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and that they will be sent to the consumer free of charge at their request as soon as possible.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.

For the case that, next to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially null and void or are destroyed at any time, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced in mutual consultation as soon as possible.

Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price, including taxes;

any shipping costs;

the manner in which the agreement will be concluded and which actions are necessary for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and implementation of the agreement;

the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;

the level of the tariff for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication technique used;

whether the agreement after the conclusion will be archived, and if so, how it can be consulted by the consumer;

the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data entered by them under the agreement;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance agreement in the event of an extended transaction.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment at which the consumer accepts the offer and complies with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can - within the legal framework - inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer together with the product or service, in writing, or in such a way that the consumer can store it on an accessible durable medium:

the address of the entrepreneur's business location where the consumer can lodge complaints;

the conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;

the information about guarantees and existing service after purchase;

the price, including all taxes on the product, service, or digital content; insofar as applicable, the cost of delivery; and the method of payment, delivery, or implementation of the distance contract;

the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite;

if the consumer has a right of withdrawal, the model withdrawal form.

In case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

When delivering products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period commences on the day following receipt of the product by the consumer or a representative designated by the consumer in advance and announced to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

The consumer is only liable for the reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 2.

The consumer is not liable for the reduction in value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

If the consumer exercises their right of withdrawal, they will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 5, the consumer will return the product or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.

The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.

The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for returning the product.

If the consumer withdraws after having first explicitly requested that the provision of the service not made ready for sale in a limited volume or set quantity commence during the cooling-off period, the consumer shall pay the entrepreneur an amount that is equal to the part of the obligation already fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the obligation.

The consumer shall bear no cost for the performance of services not made ready for sale in a limited volume or quantity if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement when the right of withdrawal is exercised, or the model withdrawal form, or;

the consumer has not explicitly requested the commencement of the performance of the service during the cooling-off period.

The consumer shall bear no cost for the full or partial delivery of digital content not supplied on a tangible medium if:

they have not previously agreed to the commencement of the performance of the agreement before the end of the reflection period;

they have not acknowledged losing their right of withdrawal when giving consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 7 - Consumer obligations during the reflection period

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

The consumer is only liable for the reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.

If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity commence during the cooling-off period, the consumer shall pay the entrepreneur an amount that is equal to the part of the obligation already fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the obligation.

The consumer shall bear no cost for the performance of services or for the supply of water, gas, or electricity, not made ready for sale in a limited volume or quantity or for the supply of district heating if:

the consumer has not explicitly requested the commencement of the performance of the service during the cooling-off period.

The consumer shall bear no cost for the full or partial delivery of digital content not supplied on a tangible medium if:

they have not previously agreed to the commencement of the performance of the agreement before the end of the reflection period;

they have not acknowledged losing their right of withdrawal when giving consent; or

the entrepreneur has failed to confirm this statement from the consumer.

If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will send an acknowledgement of receipt as soon as possible.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to pay back until having received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.

The entrepreneur will use the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;

Agreements that are concluded during a public auction. A public auction means a sales method where products, digital content, or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, or services;

Service agreements, after full performance of the service, but only if:

the performance has begun with the consumer’s explicit prior consent; and the consumer has declared that they will lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;

Package travel as referred to in article 7:500 paragraph 1 of the Dutch Civil Code and passenger transport agreements;

Service agreements for making accommodation available on a specific date or during a specific period;

Products manufactured according to the consumer’s specifications that are not prefabricated and that are produced on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;

Products that, after delivery, are inextricably mixed with other items due to their nature;

Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market that the entrepreneur cannot control;

Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;

Newspapers, periodicals, or magazines, with the exception of subscriptions to them;

The delivery of digital content other than on a tangible medium, but only if:

the performance has begun with the consumer’s explicit prior consent; and the consumer has declared that they will lose their right of withdrawal.

Article 11 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or

the consumer has the authority to cancel the agreement from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with the statutory regulations and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur on the grounds of the agreement.

Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 weeks after delivery. The product must be returned in its original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of the defect, damage occurring after discovery of the defect, encumbrance, and/or resale after discovery of the defect, voids this right to complain and return.

If the consumer complains about non-compliance within a reasonable period after it is discovered, this is a timely complaint.

Article 13 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and implementing product orders and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but no later than within 30 days unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without any costs, and the right to any damages.

After termination in accordance with the previous paragraph, the entrepreneur will immediately return the payment made by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur unless explicitly agreed otherwise.

Article 14 - Continuing performance transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due regard to the termination rules agreed upon and a notice period of not more than one month.

The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due regard to the termination rules agreed upon and a notice period of not more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at any particular time or in a given period;

at least in the same way as they were entered into by the consumer;

with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

By way of derogation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily or weekly newspapers and magazines may be automatically extended for a fixed term of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration to provide regularly, including electricity, or gas, water, or district heating, may only be automatically extended for an indefinite period if the consumer has the right to terminate at any time with a notice period of one month and a notice period of no more than three months if the agreement extends to the regular delivery of daily or weekly newspapers, news, and weekly magazines, but less than once a month.

An agreement with a duration of less than one year, for the regular delivery of daily or weekly newspapers, news, and weekly magazines, may only be automatically extended for an indefinite period if the consumer has the right to terminate it with a notice period of no more than one month. If the agreement extends to a period of more than one year, the consumer has the right to terminate the agreement at any time with a notice period of no more than three months unless the reasonableness and fairness oppose the termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise specified in the agreement or additional conditions, the amounts to be paid by the consumer must be settled within 14 days after the start of the cooling-off period, or if there is no cooling-off period within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.

If the consumer does not meet their payment obligation(s) in time, after the entrepreneur has pointed out the late payment to the consumer and the entrepreneur has granted the consumer a 14-day period to meet their payment obligations, the consumer will be legally liable for the extrajudicial collection costs incurred by the entrepreneur. These costs amount to a maximum of: 15% over outstanding amounts up to €2,500; 10% over the subsequent €2,500, and 5% over the following €5,000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has observed the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, it becomes a dispute that is subject to the dispute settlement procedure.

Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are subject only to Dutch law.

Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements with regard to products and services to be delivered or delivered by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, Postbus 90600, 2509 LP, The Hague (www.sgc.nl).

A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable period.

If a dispute has been submitted to the Disputes Committee, the entrepreneur is bound by this choice of the consumer, and the consumer must indicate in writing within five weeks after the entrepreneur has made this request whether they want the dispute to be settled by the court or by the Disputes Committee. If the consumer does not make a choice within the five-week period, the entrepreneur has the right to submit the dispute to the competent court.

The Disputes Committee will decide with due observance of the provisions of the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.

The Disputes Committee will not charge any fees for the handling of a dispute.

A dispute must be submitted to the Disputes Committee in writing.

When submitting a dispute to the Disputes Committee, the consumer is obliged to pay the fee to the Disputes Committee. When the consumer lodges a complaint, the fee to the Disputes Committee is €25. If the consumer wants the dispute to be settled by the Disputes Committee, the consumer must pay this amount to the Disputes Committee. If the entrepreneur wants the dispute to be settled by the Disputes Committee, the consumer must declare in writing within five weeks after a written request made by the entrepreneur whether they want the dispute to be settled by the Disputes Committee or by the competent court. The entrepreneur must communicate this choice by means of a form. If the consumer does not make a choice within the five-week period, the entrepreneur has the right to submit the dispute to the competent court.

The Disputes Committee will make a decision by means of binding advice, subject to the conditions as stated in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.

The Disputes Committee will not charge any fees to the consumer for the handling of a dispute.

Article 18 - Additional or different terms

Provisions that derogate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing in such a way that they can be stored by the consumer in an accessible manner on a durable medium. A durable medium is any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that future consultation and unaltered reproduction of the information stored are possible.

Article 19 - Changes to the general terms and conditions

Changes to these general terms and conditions are only effective after being published in the appropriate way, provided that in the case of applicable changes during the term of an offer, the provision that is most favorable for the consumer will prevail.

Amendments to these terms and conditions are only applicable to disputes that arise after the amendment has been published.

General terms and conditions until 2024

Version valid from 09-10-2023

These General Terms and Conditions of the Stichting Webshop Keurmerk were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will come into effect on 1 June 2014.

In time for the conclusion of the agreement, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the agreement is concluded, in what way the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible, at the consumer's request.

For the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable condition that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or voidable, this will not affect the validity of the remaining provisions in these general terms and conditions. The stipulation that is void or voidable will be replaced by a stipulation that reflects the purport of the original as much as possible.

If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, then the explanation must be found 'in the spirit' of these provisions.

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

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